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Walking Dead Promotion

 Frankie’s Comics Walking Dead Promotion

OFFICIAL RULES

Please read these Official Rules before entering the Frankie’s Comics Walking Dead Promotion

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.  VOID WHERE PROHIBITED OR RESTRICTED.

By participating in this Frankie’s Comics Walking Dead Promotion (“Sweepstakes”), you (“You” or “Entrant”) agree to follow and be bound by these Official Rules. In the event of any inconsistency with all other Sweepstakes-related materials, these Official Rules will govern. Frankie’s Comics LLC (“Frankie’s Comics” or “Organizer”) is the sole organizer of this Sweepstakes.

The Sweepstakes is in no way sponsored, endorsed, administered by, or associated with the NFL.

NOTICE REGARDING DISPUTE RESOLUTION: These official rules contain terms that govern how claims between you and Organizer, relating to your participation in any experience, will be resolved. For example, Section 14 includes an arbitration agreement and waiver of a class action that requires you to submit all claims to arbitration (instead of going to court before a judge and jury) and limits your ability to bring claims only in an individual capacity (and not as part of or on behalf of any a class action or purported collective or representative claim or proceeding).

  1. Sweepstakes DESCRIPTION: During the entry period (see section 2) any purchase of $39.99 or more will qualify the entrant to win one of the prizes (see section 7). There will be 3 winners, one for each prize. Purchases must be made at https://frankiescomics.com.
  2. ENtry Period. The Sweepstakes begins on November 21st, 2022, at 12:01 AM Eastern Time and ends on November 28th, 2022, at 08:00 PM Eastern Time (the “Entry Period”). By participating in the Sweepstakes, each Entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Organizer, which shall be final and binding in all respects. In the event of any inconsistency with all other Sweepstakes-related materials, these Official Rules will govern. Organizer is responsible for the collection, submission or processing of Entries and the overall administration of the Sweepstakes. Entrants should look solely to Organizer with any questions, comments or problems related to the Sweepstakes. Organizer may be reached at help@frankiescomics.com during the Entry Period. Entrants must meet the eligibility requirements described herein and follow the directions in these Official Rules to be eligible to win the prize awarded in connection with this Sweepstakes. Organizer’s method of timekeeping is the official time clock for a Sweepstakes and is final and undisputable.
  3. ELIGIBILITY: To be eligible to enter, Entrants must: (a) be a citizen or legal resident of the United State; (b) be at least the older of (i) 18 years of age or (ii) the age of majority in their state of residence, as of the first day of the Entry Period; and (c) be the owner of a valid email address. The Sweepstakes is subject to all applicable federal, state, and local laws. Employees or contractors of Organizer, their affiliates, subsidiaries, and agencies (collectively "Sweepstakes Parties"), and members of their immediate family or persons living in the same household are not eligible to enter the Sweepstakes. In the case of a dispute, entries will be deemed made by the authorized holder of the applicable e-mail address used for entry. Automated entries are prohibited, and use of any automated devices will result in disqualification.
  4. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
  5. VOID WHERE PROHIBITED OR RESTRICTED.
  6. HOW TO ENTER: Eligible Entrants may enter the Sweepstakes anytime between November 21st, 2022, at 12:01 AM Eastern Time and ends on November 28th, 2022, at 08:00 PM Eastern Time (the “Entry Period”) by doing one of the following:
    • Entry by Online Purchase. You may enter by purchasing any product or products from Frankie’s Comics online store at https://frankiescomics.com/ (the “Website”) during the Entry Period. For your entry to be valid you must also provide a valid email address and postal address for shipping at check out; or
    • Mail-in Entry: Alternatively, you may enter the Sweepstakes by sending a postcard with your full name, your email address and your postal address stating that you would like to enter Frankie’s Comics Walking Dead Promotion to 813 Perry Rd, Apex, NC 27502 (“Postcard Entry”). For your entry to be valid you must also provide a valid email address and postal address. Only Postcard Entries which meet the following requirements will be valid: (i) must be from Eligible Entrants, (ii) must contain all required information (iii) must contain valid information, and (iv) must be received by Frankie’s Comics before the end of the Entry Period. Note, the information that you provide on your Postcard Entry will only be used by Frankie’s Comics in the event that your entry is selected as a winner. If your entry is selected as a winner, Frankie’s Comics will use the information provided to contact you and mail you the applicable Prize. Frankie’s Comics will not retain your information after the applicable Sweepstakes. By sending in a Postcard Entry to consent to the collected and use of your information as described above.
      • Please Note: Entries are limited to one entry per household, which for purposes of this Sweepstakes means one entry per postal address used in connection with your entry which address must be your valid postal address.
  1. PRIZE: The Prizes associated with this Sweepstakes will be ONE of the following as determined by Organizer in its sole discretion (collectively, the “Prize”):
  2. One copy of the Walking Dead CGC 9.8, signed by Robert Kirkman
    • A $250 USD gift card
    • A $50 USD gift card
      • The approximate retail values (“ARV”) of the Prizes is $3000, $250 and $50. No substitution or transfer of prize permitted by Winner. All prizes are non-negotiable and non-transferable. Organizer shall solely determine the specifics of all elements of all Prize (including timing for fulfillment of Prize, which shall be either within 60 days of the end of the Entry Period or such other time as is communicated to Winner by Organizer). Organizer reserves the right to substitute a Prize of equal value in Organizer’s sole and absolute discretion. Winners are responsible for ensuring they timely and fully accept the Prize at the specified Prize location(s) and within the specified Prize fulfillment period as determined, and communicated to Winner, by Organizer.
      • Unless explicitly stated otherwise, the Prize, and each element thereof, is awarded as is, without any representations or warranties, and cannot be transferred, sold, substituted, or redeemed for cash by Winner. Organizer reserves the right to substitute a Prize of equal or greater value in Organizer’s sole discretion. Prize may be subject to availability restrictions in certain jurisdictions based on applicable legal restrictions. In such circumstances, the Winner may be required to take a cash alternative instead.
      • The chosen Winner may elect to refuse acceptance of the Prize, in which case the Prize will be considered forfeited by Winner and Winner will not be entitled to any alternate Prize or other compensation of any kind. Winners are solely responsible for all taxes, costs, and fees associated with Prize receipt, ownership, and/or use.
  1. Winner Selection. The winners of the “Prizes” (see section 7) will be determined by a random drawing. The drawing will select three winners. 1st place winner will get PRIZE “I”, 2nd place winner will get PRIZE “ii” and the third place winner will get PRIZE “iii”. The drawing will be done using the paid “Third-Party Draw Service” at https://www.random.org/draws/?step=1. The drawing will be recorded and can be shared if needed.
  2. Restrictions and Requirements. You must have a valid postal address and email address to enter. The email address that you provide in connection with your entry will be the email address that Organizer uses to communicate with you about the Sweepstakes. By providing an email address you consent to Organizer using your email address for purposes related to the Sweepstakes. LIMIT ONE ENTRY PER PERSON PER HOUSEHOLD. As mentioned above, this means one entry per postal address provided in connection with an entry (NOTE: PERSONS WITH MULTIPLE POSTAL ADDRESSES MAY ONLY ENTER ONCE). VOID WHERE PROHIBITED OR RESTRICTED. Use of any robotic, automatic, programmed, or similar entry method or entering more than the number of times permitted will void all entries and result in disqualification. You may not enter more times than indicated by using multiple email addresses, postal addresses, identities, or devices in an attempt to circumvent the rules. Only fully completed entries submitted during the Entry Period and received by Organizer are eligible. Incomplete, illegible, corrupted, and late entries will be void and ineligible to win. Proof of submission will not be deemed to be proof of receipt by Organizer. For an Entry to be valid, Entrant must provide a valid email address for which the Entrant is the account holder, as per the instructions in Section 4 above. For purposes of these Official Rules, the “account holder” is the natural person assigned an email address by an internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential Winners and/or Winners (as those terms are defined below) may be required to show proof of being the account holder. Any Entries connected to an invalid, non-working, or inactive email address, or linked to an account holder other than Entrant, are void and ineligible to win. Organizer is not responsible for lost, late, illegible, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, or for other submission problems of any kind, whether caused mechanical, human or electronic, all of which are void and ineligible to win. Additionally, Organizer is not responsible for any telephone, electronic, hardware, software, network, Internet, postal, human or computer malfunctions, failures, or difficulties.
  3. POTENTIAL WINNER NOTIFICATION. Potential Winners will be notified by the email address that they provided for Entry. Potential Winners must respond to the notification email within 48 hours of it being sent or some other time frame indicated in the notification email. They must also provide Organizer with the Winner Documentation (defined below) and any other information requested by Organizer in the notification email Organizer requires in order to confirm Potential Winner as the Winner as described below. Failure to respond within the applicable time period or to provide Winner Documentation or any other information that may be requested by Organizer as described herein, will result in forfeiture of the Prize. The return of any notification may result in disqualification in Organizer’s sole discretion. All income taxes resulting from acceptance of a prize are the responsibility of winner. By entering this Sweepstakes, Entrant accepts and agrees to these Official Rules and the decisions of the Organizer, which will be final in all matters. 
  4. Winner Confirmation PROCEDURE. If the Philadelphia Eagles go 17-0 during the regular NFL season, then all eligible entrants will be deemed Potential Winners. Potential Winners will only be confirmed as a winner eligible to receive the Prize after Organizer has completed verification of the Potential Winner’s eligibility to win and confirmed Potential Winner’s compliance with the terms of these Official Rules. (A confirmed Potential Winner is referred to herein as a “Winner”). Winners must be willing and able to claim and/or accept the Prize, and all elements thereof, in full in the period specified by Organizer. Potential Winners are subject to confirmation and verification by Organizer, by whatever means Organizer shall deem appropriate. To be verified and confirmed, Potential Winners must comply with all terms and conditions of these Official Rules and fulfill all requirements. Organizer’s decisions are final and binding in all matters related to the administration, operation, verification of the Winner, and all issues related to the Sweepstakes. As part of the Winner confirmation and verification process, Potential Winner must respond to Organizer’s Winner Notice within the specified time period and accurately, completely and timely return any document necessary to confirm and verify a Potential Winner’s eligibility, as determined by Organizer, in its sole discretion (collectively, the “Winner Documentation”). If Potential Winner fails to fully and accurately complete the Winner Documentation and timely return all such documentation by the date specified by Organizer, the Potential Winner may be disqualified and will forfeit any claim to any of the Prizes at the discretion of the Organizer.
  5. DISQUALIFICATION: Reasons an Entrant, Potential Winner and/or Winner may be ineligible to receive the Prizes and/or disqualified include, but are not limited to: (i) failure to meet all of the eligibility requirements stated in the Official Rules, (ii) failure to abide by these Official Rules, or other instructions of Organizer, (iii) failure to provide valid email at the time of entry, (iv) failure to timely respond to Winner notification or any other request from Organizer, (v) failure to timely complete the Winner Documentation, (v) the provision of false, incomplete and/or misleading information to or about Organizer, (vi) the commission of any fraud or deception in connection with the Sweepstakes, the use of the Website, and/or relationship with Organizer, (vii) Winner’s inability to timely accept the Prizes for any reason and (ix) the inability of Organizer to timely award or otherwise fulfill the Prize, due to circumstances beyond Organizer’s reasonable control, including without limitation, legal restrictions, Acts of God, natural disasters, pandemics/epidemics, terrorism, and weather.
  6. LIABILITY RELEASE: ENTRANT, ON BEHALF OF THEMSELVES AND THEIR ASSIGNS, HEIRS, DEVISEES, AND ESTATE (COLLECTIVELY, “SUCCESSORS”), HEREBY UNCONDITIONALLY RELEASES, DISCHARGES, AGREES TO HOLD HARMLESS, AND COVENANTS NOT TO SUE FRANKIE’S COMICS, AND ANY OF THEIR AFFILIATES, ALONG WITH EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, AND CONTRACTORS (COLLECTIVELY, “RELEASED PARTIES”), FROM ANY AND ALL CLAIMS, JUDGMENTS, COSTS, DAMAGES, LOSSES, EXPENSES, AND LIABILITIES (UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE (WHETHER ACTIVE, PASSIVE, OR IMPUTED), STRICT LIABILITY, PRODUCT LIABILITY, OR ANY OTHER THEORY) RELATING TO ANY CLAIM ENTRANT MAY NOW OR HEREAFTER HAVE WITH RESPECT TO ANY DEATH, PERSONAL INJURY, PROPERTY DAMAGE, PECUNIARY LOSS OR OTHER LOSS, DAMAGE, COST, OR EXPENSE (COLLECTIVELY, “HARM”) THAT MAY BE SUFFERED BY ENTRANT OR ANY THIRD PARTY IN CONNECTION WITH PARTICIPATION IN THE SWEEPSTAKES, THE PRIZE, AND ANY USE BY FRANKIE’S COMICS OF ENTRANT’S NAME, EMAIL ADDRESS, POSTAL ADDRESS OR OTHER DATA PROVIDED TO FRANKIE’S COMICS BY ENTRANT, EVEN IF SUCH HARM IS CAUSED SOLELY BY THE RECKLESSNESS, NEGLIGENCE OR FAULT OF ONE OR MORE RELEASED PARTIES (COLLECTIVELY, THE “RELEASED CLAIMS”). EACH PARTY HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS RELEASE OR ANY OF THE RELEASED CLAIMS. If Entrant is a California resident or could otherwise claim the protections of California law, Entrant further expressly waives the provisions of Section 1542 of the California Civil Code, which reads as follows: “A general release does not extend to the claims which the creditor does not know or suspect to exist in his favor at the time of executing the release which, if known by him, must have materially affected is settlement with the debtor.”  ENTRANT SPECIFICALLY UNDERSTANDS AND AGREES THAT THIS RELEASE WILL PREVENT ENTRANT AND THEIR SUCCESSORS FROM BRINGING A LAWSUIT OR OTHER ACTION AGAINST ANY RELEASED PARTY AND FROM RECOVERING MONEY DAMAGES OR OTHER LEGAL RELIEF FROM ANY RELEASED PARTY IN CONNECTION WITH ANY OF THE CLAIMS RELEASED ABOVE.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.

Sweepstakes Parties will not be responsible for: late, incomplete, garbled, damaged, illegible or incorrect entries; an entrant's failure to receive prize notices due to entrant's spam, junk e-mail, or other security settings or for entrants' provision of incorrect, invalid or otherwise non-functioning contact information; technical, hardware, or software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or used in this Sweepstakes; damaged or defective prizes; by any human error which may occur in the delivering or processing of the entries in this Sweepstakes; error, delay or other issues with respect to the shipping and fulfillment of prizes; theft, tampering, destruction, or unauthorized access to, or alteration of entries; or any typographical, technological, or other error in the publishing of the offer, administration of the Sweepstakes, or announcement of the prizes (collectively “Error” or “Errors”). If, in the Organizer's opinion, Organizer detects an Error, or there is any suspected evidence of tampering with any portion of the Sweepstakes, or if technical difficulties (including viruses and bugs) compromise the integrity of the Sweepstakes, Organizer reserves the right, in its sole discretion, to cancel or modify this Sweepstakes in a manner deemed appropriate by the Organizer. In the event a dispute arises as to the identity of a potentially winning entrant, entries will be declared made by the name associated with the winning entrant’s email account.

  1. CHOICE OF LAW AND FORUM: Entrant agrees that all matters arising out of or relating to this Sweepstakes and these Official Rules are governed by, and construed in accordance with, the laws of North Carolina, without giving effect to any of its conflict of laws provisions thereof.
  2. MANDATORY ARBITRATION. Please read this section carefully. Entrant understands and agrees that (s)he waives his/her right to sue or go to court to assert or defend his/her rights connected with participation in the Sweepstakes. As a condition of participation, Entrant and Organizer agree that any dispute, controversy, or claim arising out of or connected to an Experience, including the determination of the scope or applicability of this arbitration provision, (each, a “Claim”) shall be resolved exclusively by binding arbitration under the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules”), using the Optional Expedited Arbitration Procedures when applicable. The JAMS Rules are available at https://www.jamsadr.com/rules-comprehensive-arbitration/#Rule-16-1.
    • PARTICIPANT AND ORGANIZER ALSO AGREE THAT (A) ANY CLAIMS WILL BE RESOLVED INDIVIDUALLY, NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE, MEMBER OF, OR OTHERWISE ON BEHALF OF OTHERS IN ANY PURPOSED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING, AND NOT THROUGH ANY CLASS ACTION; (B) IF A CLAIM PROCEEDS IN COURT ANYWAY, BOTH ORGANIZER AND PARTICIPANT WAIVE ANY RIGHT TO A JURY TRIAL; AND (C) PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY), AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. (Some jurisdictions do not allow the limitations or exclusion of liability set forth above, so such language may not apply to every Participant).
    • Entrants may seek arbitration of a Claim by contacting Frankie’s Comics LLC, 813 Perry Rd, Apex, NC 27502.The arbitration may be conducted via telephone, written submissions, or in-person in a mutually agreed location. The arbitrator shall be selected according to the JAMS Rules and Procedures. When practical, the arbitrator should have prior subject matter knowledge and familiarity with sweepstakes and/or fundraising laws. The arbitrator shall apply North Carolina law consistent with the Federal Arbitration Act and applicable statutes of limitations and shall honor claims of privilege recognized at law. The arbitrator shall provide a decision explaining his or her findings and conclusions, and the ruling may be entered in any court having jurisdiction thereof. The arbitrator’s decision shall be final and binding upon the Parties.
    • The Parties will equally split the arbitrator’s fees and expenses, and each party shall pay its costs and attorneys’ fees. If the claimant can demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Organizer will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deem necessary to prevent the arbitration from being cost-prohibitive. Notwithstanding, if any party prevails on a statutory claim that affords a prevailing party attorneys’ fees and costs, or if there is a written agreement providing for attorneys’ fees and costs, the arbitrator will award such costs and fees per the applicable statute or written agreement. The arbitrator shall resolve any dispute regarding the reasonableness of any fee or cost that may be awarded under this paragraph.
    • To the extent permitted by law, the existence of the arbitration, the arbitration proceedings, and the outcome of the arbitration will be treated as confidential and will not be disclosed by either party. Participant and Organizer agree that an award, and any judgment confirming it, only applies to the arbitration in which it was awarded and cannot be used in any other proceeding except to enforce the award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts in Wake County, North Carolina, or the United States District Court for the Eastern District of North Carolina.
    • If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein.
    • Notwithstanding the foregoing, either party may seek temporary or emergency equitable relief to enforce its rights in any court of competent jurisdiction. For any Claims brought by that are not subject to arbitration, if any, Participant and Organizer each: (i) submit that the exclusive jurisdiction and venue for any such proceeding will be the courts of competent jurisdiction sitting within Wake County, North Carolina (the “Venue”), (ii) waive any argument that any such court does not have personal jurisdiction or that the Venue is not appropriate or convenient; and (iii) waive any and all rights to trial by jury for any Claims.
  3. PRIVACY: Information submitted in connection with entry to this Sweepstakes is subject to the privacy policy stated on https://frankiescomics.com/pages/privacy (“Privacy Policy”). By entering this Sweepstakes, you acknowledge that you have read and agree to the Privacy Policy. You further consent and agree to the Organizer processing any personally identifiable information that you provide in connection with your entry or in response to a Winner Notice the purpose of administering the Sweepstakes. To read the Privacy Policy go to this link: https://frankiescomics.com/pages/privacy
  4. WINNERS LIST: For a copy of these Official Rules and the names of the prize winner(s) send a written request and a self-addressed envelope with postage pre-paid to Organizer at the address below.
  5. ORGANIZER:

Frankie’s Comics, LLC

813 Perry Rd, Apex, NC 27502